National Insurance Company Ltd vs Jeuti Malakar And 3 Ors E
2025 Latest Caselaw 3403 Gua

Gauhati High Court

National Insurance Company Ltd vs Jeuti Malakar And 3 Ors E on 21 February, 2025

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GAHC010109472023




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                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : MACApp./584/2024

         NATIONAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, GS
         ROAD, GUWAHATI 781005, REPRESENTED BY THE CHIEF REGIONAL
         MANAGER, GUWAHATI REGIONAL OFFICE



         VERSUS

         JEUTI MALAKAR AND 3 ORS E
         W/O LATE ASHOK MALAKAR, RESIDENT OF VILLAGE KULHATI PS HAJO,
         DIST KAMRUP, ASSAM 781104

         2:MISS TANUSHRI MALAKAR
          D/O LATE ASHOK MALAKAR
          RESIDENT OF VILLAGE KULHATI PS HAJO
          DIST KAMRUP
         ASSAM 781104
         TO BE REP. BY. RES. NO. 1

         3:SRI NIBARAN THAKURIA
          S/O DHANIRAM THAKURIA
          RESIDENT OF VILLAGE SANDHELI
          MAKRAPARA
          PS AND DIST NALBARI
         ASSAM 781353

         4:SRI PAPUL DAS

          S/O DANDI DAS

         RESIDENT OF ARIKUCHI
         PS AND DIST NALBARI
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             ASSAM 78133

Advocate for the Petitioner   : MR T KALITA, MR. A KAKATI

Advocate for the Respondent : MR. A IQBAL, MR A N IQBAL (r-1,2),MR N BARMAN(R-3),MS J
BARMAN(R-3),K BORO(R-3)




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                         ORDER

Date : --21.02.2025

Heard Mr. T. Kalita, the learned counsel for the appellant and also heard Mr. N. Barman, the learned counsel appearing on behalf of respondent no. 3.

Name of the learned counsel for respondent nos. 1 & 2 is reflected in the Cause List but none appears for the respondents.

This is an appeal u/s 173 of the M.V. Act against the judgment & order dated 29.10.2022 passed by learned Member, MACT No. 3, Kamrup (M) in MAC Case No. 1953 of 2017.

Appeal is admitted.

Issue Notice to respondent No. 4 through Regisered Post with A/D and usual process.

Also, call for the LCR.

List accordingly after 4 (four) weeks.

JUDGE

Comparing Assistant